The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-07-29
a Oolored Mans Rights
BEFORE THE INTERSTATE COMMISSION

BEFORE THE INTERSTATE COMMISSION.
The interstate commerce commits
sion on Saturday gave hearing in the
case of William II. Council against the
Western and Atlantic railroad. Coun-
Gil is the colored man who, having pur-
chased a first-class ticket, charges that
he was refused permission to ride in a
frst-class car and was forced to go in
TO the smoking car.
Julius G. Brown, the railroads law
yer, interposed some objections TO the
admissions of certain depositions, and
during brief discussion which ensued
Mr.. Brown stated his purpose to enter
a motion TO throw out the complaint
upon the ground of lack of iurisdict-
ion, this being, he asserted, merely a
claim for damages.
The chairman in reply said that the
commission would Dot sit here to try
any mere question of damages, but this
was much more. Here were charges
of unjust discrimination against class
Of citizens. If there were such a case
it ought TO arise upon facts which are
open, public and notorious, and there
ought to be no difficulty in regard to
them The objection being overruled,
the charges and response were read.
The gist of the railroads reply is that
the complainant went into ladies car
in defiance of the rules of the company
and refused to go into the other car,
and that it was the passengers and not
the train men who assaulted him.
The answer admits the duty of the
company TO furnish equal accomoda-
tions for all first-class passengers, but il
claims the right to classify passengers
either by the color line or otherwise.
After the reading of number of
depositions Mr.. Council was sworn.
lie is an iDtelligent-looking colored
man, we'll dressed, self-possessed and
of good address. He is minister of
the gospel and principal of the State
Normal school a. Huntsville. In reply
to inquiries by counsel he t Id the story
of his election from the car in which
he had taken his seat He entered the
car without objection on the part of
any one. He was told by some one
whom he did not recognize as a train
man, that he must 60 forward, 10
which he paid no attention. He was
finally approached by two men, one of
whom carried lantern, and the other
had his hand upon his hip pocket. The
man with the lantern seized witness,
hit him over the head several times
with the lantern, cutting his head bad
ly and breaking the glass. Witness
appealed 10 the passengers, but with
out avail. His assailants then seized
and carried him into the forward car.
This car was very filthy and was full of
smoke. As he was being pushed from
one car TO the other the brakeman told
him this was what he got for not moy-
ing when requested.
Counsel for the respondent opened
his side of the case by reaiing a SER
les OF depositions From one by a
passenger named Whitsett, the follow
ing appears to have been the style OF
Mr.. Councils invitation TO change cars:
81 walked forward to the front end of
the car and told Mr.. Biyins, the flag
man, that | wanted his lantern a min
ute. / took it ont of his hand then
turned and walked back to where Coun-
Gil was sitting, and told him there was
TO be no more foolishness; that ! did
not want 20 hurt him, but he had TO 60
He replied very insolently that he
would not 90, and then grabbed him
by the collar and struck him over the
head with the lantern. | knocked him
out of his seat and pulled him out to
gether. He fell on the floor, and as he
raised up he came toward me and
let him have it again with the lantern.
/ hit him several times with the Ian
tern before ! conquered him, and then
rushed him right out of the Car into
the darkies' car. He was willing 10 90
by the time | got through with him"
The conductor of the train was
sworn aud testified in substance. that
the colored car on that trip was similar
in construction and appointments 70
the ladies' car, except that one end
was panitioned of for a smoker, and
was in little better condition. II a
white man should enter the colored
car, witness would request him TO 90
out, and if he refused witness would
make him 60. A white man unaccom-
panied by ladies would be compelled